death without a will

[lorelei739]

OREGON - My brother died in Oregon in mid-February. He was this/close to being homeless, so we really didn't think of any type of 'probate'. My 2 sisters and I live in the Midwest (3 separate states). We found where he was living and went through his belongings, and kept personal stuff (pictures, etc.), and then donated the clothes and tools. We notified his employer of the death and they said that he had a check coming to him in the mail. Also, he had just opened a checking account with the bare minimum. We found W-2's etc, but didn't know if we had to file a income tax? Also, a letter arrived from a government agency (after his death) where my brother had file a claim against a former employer for non-payment of salary. The government agency sided with my brother and sent him a check, but saying that taxes were not with-held. Is there anything we can do with these checks and do we need to file an income tax? Thanks for any thoughts.What is the name of your state?

 

[Dandy Don]

How much do the check and savings account add up to in total? This might meet the requirement of a smaller estate, or it may not even meet the limit to where probate is required.

You need to contact the county courthouse in Oregon to find out if they have special procedures to expedite a smaller estate, or you may even find out that no filing at all is required. However, you or an attorney you hire can file to become administrator of this estate. Soon after filing, the administrator will receive a document called letters testamentary (ask for 2 certified copies, one for yourself and one to present to the bank) and that is what the administrator needs to present to the bank before they will allow the checks to be cashed in.

You can consult with any tax accountant or CPA in Oregon to get your question answered about whether a state or federal tax return is required to be filed for the executor. Oregon may or may not even have state tax, but it is almost a certainty that a federal tax return will need to be filed.

DANDY DON IN OKLAHOMA ([email protected])

 

[lorelei739]

death without a will - Oregon

Thank you for responding -- . The checking (no savings) had the bare minimum ($30) to open. The paycheck that he received was less than $300 and the Labor Relations claim that he was honored (excluding tax deductions) was less than $2500. So as you can see there really isn't much -- is it worth hiring someone to handle this or is it something that we could handle 'long distance' without spending what is there.

Thanks,
lorelei